2006 Nebraska Revised Statutes - § 23-1205 — Acting county attorney; appointment; when authorized; compensation.

Section 23-1205
Acting county attorney; appointment; when authorized; compensation.

In the absence, sickness or disability of the county attorney and his deputies, or upon request of the county attorney for good cause, the court may appoint an attorney to act as county attorney in any investigation, appearance, or trial, by an order to be entered upon the minutes of the court, but who shall receive no compensation from the county except as provided for in section 23-1204.01.

Source:

Laws 1885, c. 40, § 7, p. 218

R.S.1913, § 5600

C.S.1922, § 4917

C.S.1929, § 26-905

R.S.1943, § 23-1205

Laws 1969, c. 165, § 2, p. 742

Annotations:

District court is given authority to appoint an acting county attorney in the event of absence, sickness, or disability of county attorney. Stewart v. McCauley, 178 Neb. 412, 133 N.W.2d 921 (1965).

It is within the discretion of the court to appoint any attorney in lieu of disqualified county attorney, and ruling will not be disturbed unless discretion is abused. Quinton v. State, 112 Neb. 684, 200 N.W. 881 (1924).

Appointment where attorney refused to prosecute is proper. Spaulding v. State, 61 Neb. 289, 85 N.W. 80 (1901).

Information may be filed by substitute county attorney without infringing constitutional rights of accused. Korth v. State, 46 Neb. 631, 65 N.W. 792 (1896).

Appointment of another attorney is proper where county attorney had appeared for accused. Gandy v. State, 27 Neb. 707, 43 N.W. 747 (1889), 44 N.W. 108 (1889).

~Reissue Revised Statutes of Nebraska